Imposition
There is hereby imposed on all wines (including imitation, substandard, or artificial wine, and compounds sold as wine) having not in excess of 24 percent of alcohol by volume, in bond in, produced in, or imported into, the United States, taxes at the rates shown in subsection (b), such taxes to be determined as of the time of removal for consumption or sale. All wines containing more than 24 percent of alcohol by volume shall be classed as distilled spirits and taxed accordingly. Subject to subsection (h), still wines shall include those wines containing not more than 0.392 gram of carbon dioxide per hundred milliliters of wine; except that the Secretary may by regulations prescribe such tolerances to this maximum limitation as may be reasonably necessary in good commercial practice.
Rates of tax
Credit
Allowance of credit
In general
Adjustment of credit for hard cider
Time for determining and allowing credit
11 See Codification note below. Controlled groups
Rules similar to rules of section 5051(a)(5) shall apply for purposes of this subsection.
Denial of deduction
Any deduction under subtitle A with respect to any tax against which a credit is allowed under this subsection shall only be for the amount of such tax as reduced by such credit.
Credit for transferee in bond
Allowance of credit for foreign manufacturers and importers
In general
In the case of any wine gallons of wine which have been produced outside of the United States and imported into the United States, the credit allowable under paragraph (1) (referred to in this paragraph as the “tax credit”) may be assigned by the person who produced such wine (referred to in this paragraph as the “foreign producer”), provided that such person makes an election described in subparagraph (B)(ii), to any electing importer of such wine gallons pursuant to the requirements established by the Secretary under subparagraph (B).
Assignment
Controlled group
For purposes of this section, any importer making an election described in subparagraph (B)(ii) shall be deemed to be a member of the controlled group of the foreign producer, as described under paragraph (3).
Refunds in lieu of tax credits for foreign production removed after
In general
Amount of refund
Application of rules related to elections and assignments
Subparagraph (A)(ii) shall apply only if the importer is an electing importer under paragraph (6) and the wine gallons of wine have been assigned to the importer pursuant to such paragraph.
Rules for refunds within 90 days
For purposes of refunds allowed under this paragraph, section 6611(e) shall be applied by substituting “90 days” for “45 days” each place it appears.
Regulations
The Secretary may prescribe such regulations as may be necessary to carry out the purposes of this subsection, including regulations to ensure proper calculation of the credit provided in this subsection.
Wine gallon
For the purpose of this chapter, the term “wine gallon” means a United States gallon of liquid measure equivalent to the volume of 231 cubic inches. On lesser quantities the tax shall be paid proportionately (fractions of less than one-tenth gallon being converted to the nearest one-tenth gallon, and five-hundredths gallon being converted to the next full one-tenth gallon).
Tolerances
Where the Secretary finds that the revenue will not be endangered thereby, he may by regulation prescribe tolerances (but not greater than ½ of 1 percent) for bottles and other containers, and, if such tolerances are prescribed, no assessment shall be made and no tax shall be collected for any excess in any case where the contents of a bottle or other container are within the limit of the applicable tolerance prescribed.
Illegally produced wine
Notwithstanding subsection (a), any wine produced in the United States at any place other than the bonded premises provided for in this chapter shall (except as provided in section 5042 in the case of tax-free production) be subject to tax at the rate prescribed in subsection (b) at the time of production and whether or not removed for consumption or sale.
Hard cider
Mead and low alcohol by volume wine
In general
For purposes of subsections (a) and (b)(1), mead and low alcohol by volume wine shall be deemed to be still wines containing not more than 16 percent of alcohol by volume.
Definitions
Mead
Low alcohol by volume wine
Pub. L. 85–859, title II, § 20172 Stat. 1331Pub. L. 86–75, § 3(a)(5)73 Stat. 157Pub. L. 86–564, title II, § 202(a)(7)74 Stat. 290Pub. L. 87–72, § 3(a)(7)75 Stat. 193Pub. L. 87–508, § 3(a)(6)76 Stat. 114Pub. L. 88–52, § 3(a)(7)77 Stat. 72Pub. L. 88–348, § 2(a)(7)78 Stat. 237Pub. L. 89–44, title V, § 501(c)79 Stat. 150Pub. L. 93–490, § 6(a)88 Stat. 1468Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834Pub. L. 100–647, title VI, § 6101(a)102 Stat. 3710Pub. L. 101–508, title XI, § 11201(b)(1)104 Stat. 1388–415Pub. L. 104–188, title I, § 1702(b)(5)110 Stat. 1868Pub. L. 105–34, title IX, § 908(a)111 Stat. 876Pub. L. 105–206, title VI, § 6009(a)112 Stat. 812Pub. L. 114–113, div. Q, title III, § 335(a)129 Stat. 3109Pub. L. 115–97, title I131 Stat. 2173–2175Pub. L. 116–94, div. Q, title I, § 144(d)(1)133 Stat. 3235Pub. L. 116–260, div. EE, title I134 Stat. 3043(Added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , title VIII, § 806(a), , , 162; , , ; , , ; , , ; , (2), , , 1388–416; , , ; , (b), , ; , , ; , , ; , §§ 13804(a)–(c), 13805(a), 13806(a), , ; , (2), (e)(1), (f)(1), (j)(1), , ; , §§ 106(d)(1), (2), (e)(1), (f)(1), 107(c)(1), , , 3044, 3047.)
Editorial Notes
Codification
Pub. L. 116–260, div. EE, title I, § 110(b)134 Stat. 3049, , , provided that, for single taxpayer rules relating to wine, see the cross reference under subsec. (c)(3) of this section.
Prior Provisions
Aug. 16, 1954, ch. 73668A Stat. 609Mar. 30, 1955, ch. 18, § 3(a)(7)69 Stat. 14Mar. 29, 1956, ch. 115, § 3(a)(7)70 Stat. 66Pub. L. 85–12, § 3(a)(5)71 Stat. 9Pub. L. 85–475, § 3(a)(5)72 Stat. 259Pub. L. 85–859A prior section 5041, acts , ; , ; , ; , , ; , , , consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by .
Amendments
Pub. L. 116–260, § 106(e)(1)2020—Subsec. (b)(1), (2). , substituted “16 percent” for “14 percent (16 percent in the case of wine removed after , and before ”.
Pub. L. 116–260, § 106(d)(1)(A)Subsec. (c). , struck out “for small domestic producers” after “Credit” in heading.
Pub. L. 116–260, § 106(d)(1)(B)Subsec. (c)(1). , amended par. (1) generally. Prior to amendment, text read as follows: “Except as provided in paragraph (2), in the case of a person who produces not more than 250,000 wine gallons of wine during the calendar year, there shall be allowed as a credit against any tax imposed by this title (other than chapters 2, 21, and 22) of 90 cents per wine gallon on the 1st 100,000 wine gallons of wine (other than wine described in subsection (b)(4)) which are removed during such year for consumption or sale and which have been produced at qualified facilities in the United States. In the case of wine described in subsection (b)(6), the preceding sentence shall be applied by substituting ‘5.6 cents’ for ‘90 cents’.”
Pub. L. 116–260, § 106(d)(2)(A)Subsec. (c)(1)(A). , inserted “but only if the importer is an electing importer under paragraph (6) and the wine gallons of wine have been assigned to the importer pursuant to such paragraph” after “into the United States during the calendar year” in concluding provisions.
Pub. L. 116–260, § 106(d)(1)(C)Subsec. (c)(2) to (5). , (D), redesignated pars. (3) to (6) as (2) to (5), respectively, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The credit allowable by paragraph (1) shall be reduced (but not below zero) by 1 percent for each 1,000 wine gallons of wine produced in excess of 150,000 wine gallons of wine during the calendar year.”
Pub. L. 116–260, § 106(d)(1)(E)Subsec. (c)(6). , which directed only the redesignation of par. (9) as (6), was executed by redesignating par. (9) as (6) and transferring it so as to appear after par. (5), to reflect the probable intent of Congress. Former par. (6) redesignated (5).
Pub. L. 116–260, § 106(d)(2)(B)(i)Subsec. (c)(6)(A). , substituted “paragraph (1)” for “paragraph (8)”.
Pub. L. 116–260, § 106(d)(2)(B)(ii)Subsec. (c)(6)(B). , substituted “The Secretary of the Treasury, after consultation with the Secretary of the Department of Homeland Security,” for “The Secretary” in introductory provisions.
Pub. L. 116–260, § 106(d)(2)(B)(iii)Subsec. (c)(6)(C). , substituted “paragraph (3)” for “paragraph (4)”.
Pub. L. 116–260, § 107(c)(1)Subsec. (c)(7). , added par. (7). Former par. (7) redesignated (8).
Pub. L. 116–260, § 106(d)(1)(F), amended par. (7) generally. Prior to amendment, text read as follows: “The Secretary may prescribe such regulations as may be necessary to carry out the purposes of this subsection, including regulations—
“(A) to prevent the credit provided in this subsection from benefiting any person who produces more than 250,000 wine gallons of wine during a calendar year, and
“(B) to assure proper reduction of such credit for persons producing more than 150,000 wine gallons of wine during a calendar year.”
Pub. L. 116–260, § 107(c)(1)Subsec. (c)(8). , redesignated par. (7) as (8).
Pub. L. 116–260, § 106(d)(1)(C), struck out par. (8) which related to a special rule for wine and hard cider removed between , and .
Pub. L. 116–260, § 106(d)(1)(E)Subsec. (c)(9). , redesignated par. (9) as (6).
Pub. L. 116–260, § 106(f)(1)(A)Subsec. (h)(2)(A)(i), (B)(i). , substituted “the Secretary may” for “the Secretary shall”.
Pub. L. 116–260, § 106(f)(1)(B)Subsec. (h)(3). , struck out par. (3). Text read as follows: “This subsection shall not apply to wine removed after .”
Pub. L. 116–94, § 144(e)(1)2019—Subsec. (b)(1), (2). , substituted “” for “”.
Pub. L. 116–94, § 144(d)(2)Subsec. (c)(8). , substituted “Temporary special rule” for “Special rule for 2018 and 2019” in heading.
Pub. L. 116–94, § 144(d)(1)Subsec. (c)(8)(A). , substituted “” for “” in introductory provisions.
Pub. L. 116–94, § 144(j)(1)Subsec. (c)(8)(C). , added subpar. (C).
Pub. L. 116–94, § 144(f)(1)Subsec. (h)(3). , substituted “” for “”.
Pub. L. 115–97, § 13806(a)(1)2017—Subsec. (a). , substituted “Subject to subsection (h), still wines” for “Still wines”.
Pub. L. 115–97, § 13805(a)Subsec. (b)(1), (2). , inserted “(16 percent in the case of wine removed after , and before ” after “14 percent”.
Pub. L. 115–97, § 13804(b)Subsec. (c)(4). , substituted “section 5051(a)(5)” for “section 5051(a)(2)(B)”.
Pub. L. 115–97, § 13804(a)Subsec. (c)(8). , added par. (8).
Pub. L. 115–97, § 13804(c)(1)Subsec. (c)(8)(A). , inserted “but only if the importer is an electing importer under paragraph (9) and the wine gallons of wine have been assigned to the importer pursuant to such paragraph” after “into the United States during the calendar year” in concluding provisions.
Pub. L. 115–97, § 13804(c)(2)Subsec. (c)(9). , added par. (9).
Pub. L. 115–97, § 13806(a)(2)Subsec. (h). , added subsec. (h).
Pub. L. 114–113, § 335(a)(1)2015—Subsec. (b)(6). , struck out “which is a still wine derived primarily from apples or apple concentrate and water, containing no other fruit product, and containing at least one-half of 1 percent and less than 7 percent alcohol by volume” after “hard cider”.
Pub. L. 114–113, § 335(a)(2)Subsec. (g). , added subsec. (g).
Pub. L. 105–2061998—Subsec. (b)(6). inserted “which is a still wine” after “hard cider”.
Pub. L. 105–34, § 908(a)1997—Subsec. (b)(6). , added par. (6).
Pub. L. 105–34, § 908(b)Subsec. (c)(1). , inserted at end “In the case of wine described in subsection (b)(6), the preceding sentence shall be applied by substituting ‘5.6 cents’ for ‘90 cents’.”
Pub. L. 104–1881996—Subsec. (c)(6), (7). added pars. (6) and (7) and struck out former par. (6) which read as follows:
Regulations“(6) .—The Secretary may prescribe such regulations as may be necessary to prevent the credit provided in this subsection from benefiting any person who produces more than 250,000 wine gallons of wine during a calendar year and to assure proper reduction of such credit for persons producing more than 150,000 wine gallons of wine during a calendar year.”
Pub. L. 101–508, § 11201(b)(1)(A)1990—Subsec. (b)(1). , substituted “$1.07” for “17 cents”.
Pub. L. 101–508, § 11201(b)(1)(B)Subsec. (b)(2). , substituted “$1.57” for “67 cents”.
Pub. L. 101–508, § 11201(b)(1)(C)Subsec. (b)(3). , substituted “$3.15” for “$2.25”.
Pub. L. 101–508, § 11201(b)(1)(D)Subsec. (b)(5). , substituted “$3.30” for “$2.40”.
Pub. L. 101–508, § 11201(b)(2)Subsecs. (c) to (f). , added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively.
Pub. L. 100–6471988—Subsecs. (d), (e). added subsec. (d) and redesignated former subsec. (d) as (e).
Pub. L. 94–4551976—Subsec. (a). struck out “or his delegate” after “Secretary”.
Pub. L. 93–4901974—Subsec. (a). substituted “0.392” for “0.277”.
Pub. L. 89–44, § 806(a)1965—Subsec. (a). , substituted “0.277” for “0.256”.
Pub. L. 89–44, § 501(c)(1)Subsec. (b). –(5), struck out provisions at end of each par. setting out a specified reduced rate to be applied on and after .
Pub. L. 88–3481964—Subsec. (b). substituted “” for “” in five places.
Pub. L. 88–521963—Subsec. (b). substituted “” for “” in five places.
Pub. L. 87–5081962—Subsec. (b). substituted “” for “” in five places.
Pub. L. 87–721961—Subsec. (b). substituted “” for “” in five places.
Pub. L. 86–5641960—Subsec. (b). substituted “” for “” in five places.
Pub. L. 86–751959—Subsec. (b). substituted “” for “” in five places.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Pub. L. 116–260, div. EE, title I, § 106(d)(3)134 Stat. 3044
Pub. L. 116–260, div. EE, title I, § 106(e)(2)134 Stat. 3044
Pub. L. 116–260, div. EE, title I, § 106(f)(2)134 Stat. 3044
Pub. L. 116–260, div. EE, title I, § 107(c)(2)134 Stat. 3048
Effective Date of 2019 Amendment
Pub. L. 116–94, div. Q, title I, § 144(d)(3)133 Stat. 3235
Pub. L. 116–94, div. Q, title I, § 144(e)(2)133 Stat. 3235
Pub. L. 116–94, div. Q, title I, § 144(f)(2)133 Stat. 3235
Pub. L. 116–94, div. Q, title I, § 144(j)(2)133 Stat. 3236
Effective Date of 2017 Amendment
Pub. L. 115–97, title I, § 13804(d)131 Stat. 2175
Pub. L. 115–97, title I, § 13805(b)131 Stat. 2175
Pub. L. 115–97, title I, § 13806(b)131 Stat. 2175
Effective Date of 2015 Amendment
Pub. L. 114–113, div. Q, title III, § 335(b)129 Stat. 3109
Effective Date of 1998 Amendment
Pub. L. 105–206Pub. L. 105–34section 6024 of Pub. L. 105–206section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, , to which such amendment relates, see , set out as a note under .
Effective Date of 1997 Amendment
Pub. L. 105–34, title IX, § 908(c)111 Stat. 876
Effective Date of 1996 Amendment
Pub. L. 104–188Pub. L. 101–508, title XIsection 1702(i) of Pub. L. 104–188section 38 of this titleAmendment by effective, except as otherwise expressly provided, as if included in the provision of the Revenue Reconciliation Act of 1990, , to which such amendment relates, see , set out as a note under .
Effective Date of 1990 Amendment
Pub. L. 101–508section 11201(d) of Pub. L. 101–508section 5001 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–647, title VI, § 6101(b)102 Stat. 3710
Effective Date of 1974 Amendment
Pub. L. 93–490, § 6(b)88 Stat. 1468
Effective Date of 1965 Amendment
section 501(c) of Pub. L. 89–44section 701(d) of Pub. L. 89–44section 5701 of this titleAmendment by applicable on and after , see , set out as a note under .
Pub. L. 89–44, title VIII, § 806(d)(1)79 Stat. 164
Effective Date
section 210(a)(1) of Pub. L. 85–859section 5001 of this titleSection effective , see , set out as a note under .
Floor Stocks Taxes on Distilled Spirits, Wine, and Beer
section 11201(e) of Pub. L. 101–508section 5001 of this titleImposition of tax on wine, exception for small domestic producers, exception for certain small wholesale or retail dealers, credit against tax, liability for tax and method of payment, controlled groups, other laws applicable, and definitions, see , set out as a note under .